Ware v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted by a jury for violating the provisions of V.T.C.A., Penal Code, Section 46.05(a), which states:

“A person who has been convicted of a felony involving an act of violence or threatened violence to a person or property commits an offense if he possesses a firearm away from the premises where he lives.”

Punishment, enhanced pursuant to V.T. C.A., Penal Code, Section 12.42(a), was assessed by the jury at thirteen years’ confinement and a $2500.00 fine.

Appellant appealed his conviction to the Eastland Court…